Section 20-4-5 - Indivisible obligation partially extinguished by partial performance if benefitvoluntarily retained--Exception.
20-4-5. Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception. A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it, without injuring his own property, his retention thereof is not presumed to be voluntary.
Source: CivC 1877, § 831; CL 1887, § 3455; RCivC 1903, § 1148; RC 1919, § 755; SDC 1939, § 47.0205.